Legal Question in Employment Law in New York
Job Discrimination
I was recently offered a position at work. I interviewed and the position was offered to me immediately. The offer is on my voicemail. I received a start date. One day later, I was brought into my manager's office and was told, the position was recinded. Reason given was a bad referral from my previous boss. My previous boss was in transition to leave the Firm when she gave me the bad referral. There are no negative incidents in my employee folder with my previous boss. I'm in the process of obtaining copies of my personal file. Is this legal?
1 Answer from Attorneys
Re: Job Discrimination
Which part? The recision? (yes). Or the bad referral (probably). In a referral situation a person can legally give an opinion on your work abilities or behavior. What they cannot do is offer misstatements of fact. For example they can say you're lazy, incompetent or slovenly without fear of redress. They cannot say that you're a felon, drug abuser or serial adulterer unless they can show verifiable facts that such information is true.
If your ex-boss slandered you you may have a cause of action but such cases are difficult to prove and you must show actual damage as a result of the slander, but if he merely gave an opinion, even an unkind opinion, the law protects him with impunity.
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